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(영문) 의정부지방법원 2018.10.12 2018고단2938
전자금융거래법위반
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Except as otherwise expressly provided for in any other Act, no person shall borrow or lend any access medium, or store, deliver or distribute such medium, while receiving, demanding or promising to receive, demand or promise any compensation.

Nevertheless, on March 2018, the Defendant borrowed a card from a person who was not a senior policeman on his name on March 1, 2018, for three days in total, 1.8 million won per day on which he borrowed the card.

“Around the 17th day of the same month, at D located in the Gu-U.S. Si around the 17th day of the same month, delivered a copy of the physical card connected to the one bank account under the name of the Defendant (E) to the person who was not the name.

The Defendant paid the above consideration to the third party and lent the approaching media.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints and statements prepared by the F;

1. Detailed inquiries about the details of transactions of new unions;

1. A detailed statement of account transactions;

1. Application of monetary statements and Acts and subordinate statutes of a transportation invoice;

1. Article 49 of the Act applicable to the facts constituting an offense, Article 49 of the Electronic Financial Transactions Act and Article 49 (4) 2 and Article 6 (3) 2 of the same Act, the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the same Act provides a personal card connected to the account under the name of the defendant to a person who is not his/her name. Since the act of transferring, keeping, and delivering access media is being carried out as a means of preventing various crimes, such as phishing and illegal sports discussions, which are currently harmful to society, the crime of this case is very heavy, and the crime of this case was committed. In fact, the physical card issued as the crime of this case was used as a means of phishing crime, and the victim was actually committed as a means of phishing crime, and the investigation of the crime of this case was initiated, and the defendant recognized his/her own crime and opposed to it, and the defendant is identical to the defendant.

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